CHAPTER 1. ACTIONS IN CERTAIN CASES, ALLOWED. Incest-Fornication-Adultery-Seduction-Attachment or Distress-Wound ing, &c., with Brass-knucks, &c.-Destruction of Property-Widow or Minor Child of Persons Killed-Damage to Stock by Railroads, &c. I § 1. A charge of incest, fornication, or adultery against R. S., 178. a female, shall be actionable; and in such cases the plaintiff Charges, shall not be held to allege or prove special damage. actionable. what for, when main § 2. An action for seduction may be maintained without Seduction, action any allegation or proof of the loss of service of the female, tainable. by reason of the wrongful act of the defendant. §3. If property be distrained or attached, without good cause for suing out such distress or attachment, the owner of such property may, in an action against the party suing out the distress or attachment, recover damages for the wrongful seizure; and if the property be sold, also damages for the sale thereof, and the defendant's cost in the distress or attachment. In such cases, the plaintiff shall not be held to allege or prove malice on the part of the defendant. (a) § 4. Should any person strike, beat, bruise, or wound another with any one or more of the weapons popularly known as colts, brass-knuckles, slung-shots, or any imitation or substitute therefor, he or they so offending shall forfeit and pay the sum of not less than one hundred dollars, nor more than ten thousand dollars, to the party or person so stricken, wounded, or bruised, to be recovered by ordinary action in any court of this Commonwealth having jurisdiction. § 5. If, within any city of this Commonwealth, any church, convent or chapel, dwelling-house, or house used or designed for the transaction of lawful business, or deposit of property, any ship, ship-yard, boat or vessel, or any railroad, or property of any kind belonging to any railroad company, or any article of personal property, shall be injured or destroyed, or Owner of prop erty distrained or right attached of action. S. A. 1856, 96. knucks, & slungshots, remedy of person struck or Colts, brass wounded with. S. A. 1856, 85. Damage to prop erty of church, convent, &c., in a city, by a riotuous assemblage ble-provisoes. ous or tumult -how recovera (a) There is this distinction to be taken between an action on an attachment bond and one for maliciously suing out an attachment. The first is supported by proof that the attachment was sued out without good cause. To support the latter, there must be proof of malice and want of probable cause. In the first, the measure of recovery is confined to the damages for the wrongful seizure of property; in the latter, recovery may also be had for loss of credit or character. The discharge of the attachment, where the grounds are contested, is conclusive, as between the parties, of the fact that it issued without good cause. (Mitchell vs. Mattingly, 1 Metcalfe, 240; see also 4 Litt., 335; 1 B. M., 359; 5 B. M., 546; 1ò B. M., 21.) Action in favor of children of a per widow and minor son killed by the wanton or mali cious use of firearms, &c. master or guar induced to ride in a race, &c. if any property therein or thereon shall be taken away or injured, by any riotous or tumultuous assemblage of people, the full amount of the damage so done shall be recoverable by the sufferer or sufferers, by action against said city: Provided, The authorities thereof have the ability, of themselves or with the aid of their own citizens, to prevent such damage: And provided also, That no person shall maintain such action who shall have unlawfully contributed, by word or deed, towards exciting or inflaming such tumult, or who shall have failed to do what he reasonably could towards preventing, allaying, or suppressing it: And provided further, That no such liability shall be incurred by such city, unless the authorities thereof shall have had notice or good reason to believe that such riot or tumultuous assemblage was about to take place, or having taken place, shall have had notice of the same in time to prevent said injury or destruction, either by their own force, or by the aid of the citizens of such city. § 6. The widow and minor child or children (or either or any of them) of a person killed by the careless, wanton, or malicious use of fire-arms, or by any weapon popularly known as colts, brass-knucks, or slung-shots, or other deadly weapons, not in self-defense, may have an action against the person or persons who committed the killing, and all others aiding or promoting the killing, or any one or more of them, for reparation of the injury; and in such action the jury may give vindictive damages. § 7. If any person shall induce, or accept of, any minor, Remedies to the or apprentice or servant, without the assent of the natural dians of minors or statutory guardian of such minor, or master of such servant or apprentice, to ride in a race, or to practice any horse to run, or to break any horse to ride or work, he shall, for each offense, pay to the guardian or master, as the case may be, one hundred dollars, to be recovered by action; and shall also be liable, in the same action, for such other damages as the plaintiff or minor may have sustained. Duty of person owning animal glanders. affected with the § 8. It shall be the duty of any person owning a horse, mule, jack, or jenny affected with glanders, to kill such animal, and cause the same to be either burned or buried; and if he fail to do so, he shall be liable, by civil action, for all damages that may occur by the spreading of said disease. CHAPTER 2. ADVERTISEMENTS. How authority for obtained-Who to certify. § 1. When the proprietor of any newspaper, printed in this Commonwealth, desires authority to insert therein such advertisements as are required by law to be published in a newspaper, he may apply to the circuit court, or court of common pleas of the county in which his paper is published, and present to the court the title thereof, with the names of the printers and publishers; whereupon the court may, by order entered of record, authorize advertisements to be published in such paper. § 2. The affidavit of the editor, printer, publisher, or proprietor of a paper authorized to publish advertisements, stating that an advertisement has been published in his paper, and the length of time it has been so published, attached to a copy thereof, shall be prima facie evidence that the publication was made as stated in the affidavit. CHAPTER 3. ARBITRATION AND AWARDS. Mode of Submission-How conducted.. § 1. All controversies which might be the subject of a suit or action, may be submitted to the decision of one or more arbitrators, or two, and their umpire.(a) made. § 2. Said submission may be in the mode specified in the Submission, how Civil Code, or it may be in writing; and the agreement of submission shall be binding on the parties thereto, if it states the matter submitted, and who are to be the arbitrators. ties. $3. The parties to the submission may enter into a mutual Covenant of par covenant substantially as follows: "We, A B and C D, having a controversy respecting (here insert the matter in controversy), for the purpose of settling the same have mutually 2) If a reference is made to several arbitrators, all must act, and act together. They must hear any testimoney offered when they are all together. Admissions of parties, to become the basis of an award, must be made in the presence of them all; otherwise, the award is invalid. Henderson vs. Buckley, 14 B. M., 294.) For the mode of procedure, to have a submission by rule of court, and the decisions on the subject, see Civil Code of Practice, section 499, et seq. turs. chosen and arbitrators, who shall choose an umpire in a case of disagreement, whose award we do hereby bind ourselves to perform, provided it is in writing. In witness whereof, we have hereunto set our hands this day of § 4. The arbitrators shall meet at a time and place to be Duty of arbitra- fixed by themselves, of which reasonable notice in writing shall be given to each party, and shall take an oath fairly and impartially to decide the controversy to them submitted, according to law, justice, and the equity of the whole case. They shall select an umpire, who shall, in like manner, be sworn before the hearing begins. They shall hear all testimony offered by either party relative to the matters in controversy, and shall have power and authority to summon witnesses, compel their attendance, and punish for contempt by fine or imprisonment, to the extent justices of the peace may do. Shall have authority to administer proper oaths to parties and witnesses, and to preserve order and decorum while engaged in the determination of the matter. Award-how be made. to Not to be set § 5. The award of the arbitrators must be in writing, signed by them and the umpire, and must be a final settlement of the controversy between the parties. Copies of the award must be given within reasonable time to each party, and the same shall be binding upon both. For a failure to perform the award, an action by ordinary proceeding may be maintained by either party against the other. § 6. No award shall be set aside for want of form; but aside for want of Courts of equity shall have power over awards on equitable courts of equity. principles, as heretofore. form. Power of Act 1822; S. A. 1869-'70, 2. Asylum at Dan ville continued. Commissioners a body-politic, and name. CHAPTER 4. ASYLUM FOR THE TUITION OF THE DEAF AND DUMB. § 1. The Asylum at Danville, endowed and established by an act of the General Assembly, approved December 7th, 1822, is continued under the management and control of the board of commissioners and their successors, as provided by an act of the General Assembly, approved January 7th, 1870, and the same is declared to be a body-politic and corporate, by the name and style of "The Asylum for the Tuition of the Deaf and Dumb," and as such shall have per petual succession, with power to make all contracts neces- § 3. All the funds and effects of said asylum shall be under the management and control of said board of commissioners and their successors in office, as trustees for the Commonwealth, in aid and furtherance of the objects of said institution, subject to the rules and conditions herein specified; and as such, they are hereby authorized and empowered to take and retain possession of all books, papers, bonds, stocks, lands, improvements, and effects belonging to said asylum, wherever they may be found, or in whatever they may consist, and to hold, retain, and so manage, use, and apply the same, as may be best calculated, in their judgment, to build up and sustain said asylum, and secure the objects for which it was established: Provided, however, That said board of commissioners, and their successors in office, shall be governed, in every instance, by such restrictions as may accompany any grant of aid by the Legislature: And provided further, That whenever said board, or their successors in office, shall receive from private individuals any donation or contribution, specifying the object for which said donation or contribution is made, the same shall be set apart and applied to the purpose so specified by the donor, and to no other, subject, however, to the control of the Commonwealth over said institution, its officers, and affairs. commissioners. § 4. The board of commissioners, and their successors in General duty of office, shall keep a true and complete record of all their proceedings and acts as a board, and cause to be kept by their secretary and treasurer a true and complete record of all moneys received and paid out, from whence derived, and for what expended, of bonds receivable and bonds payable, GEN. STAT.-10 |